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Posts Tagged ‘legal’

Lawyer gives free legal assistance to tortured baby

In Uncategorized on November 27, 2010 at 1:20 pm

A lawyer of Binh Duong Province’s lawyers delegation on Friday agreed to provide free legal assistance to a three-year-old maltreated baby in Thuan An District, Binh Duong Province.

Thai Thanh Hai, deputy chairman of the lawyers delegation will help Ho Thi Thuy Ngan’s family draft denouncement paper and will institute proceedings against baby sister Tran Thi Phung.

She may be prosecuted according to Clause 10 of the Criminal Law for torturing the child, the lawyer said.

Hoang Ho Linh, director of the Binh Duong Legal Assistance Center said Phung’s behavior was enough to constitute a crime.

Related articles:
Baby sister arrested for child maltreatment
Baby sister maltreats three year old girl

Source: SGGP

Australia begins legal action to stop Japan whaling

In Uncategorized on June 1, 2010 at 7:47 am

TOKYO (AFP) – Australia has launched legal action at the International Court of Justice to stop Japan’s whaling programme, Japanese officials said Tuesday, calling the move “extremely regrettable”.

“We were informed that Australia has filed a lawsuit with the International Court of Justice regarding research whaling. We will discuss how to deal with it,” said a fisheries agency official.

Hirofumi Hirano, Japan’s top government spokesman, said: “I think it is extremely regrettable. The Japanese government will deal with it properly, based on our position.”

Inflatable humpback whales with the Sydney Opera House (top), help to launch the official start of the whale watching season in Sydney on June 1, 2010. AFP photo

Japan defends whaling as part of its cultural tradition and hunts the ocean giants under a loophole in a 1986 international moratorium on commercial whaling that allows lethal “scientific research”.

Australia has long protested the hunts, including annual whaling expeditions in Antarctic waters, and has in recent months hardened its stance, announcing last week that it would launch legal action in The Hague.

“We want to see an end to whales being killed in the name of science in the Southern Ocean,” said Environment Protection Minister Peter Garrett last week, vowing “to bring a permanent end to whaling in the Southern Ocean”.

A Japanese foreign ministry official told AFP on Tuesday: “We are studying our strategy regarding the lawsuit. Details are yet to be decided, but we won’t disclose our strategy even after we make a decision.”

Source: SGGP

Greek PM does not rule out legal action against US banks

In Uncategorized on May 16, 2010 at 8:55 pm

A view of the Acropolis in central Athens on May 14, 2010 is seen at sunset. AFP photo

ATHENS, May 16, 2010 (AFP) – Greek Prime Minister George Papandreou raised the possibility of taking legal action against US banks which he said in an interview on Sunday bore “great responsibility” for Greece’s debt crisis.

Asked in an interview with CNN whether Greece was the victim of investment banks, he said: “I think, yes the financial sector, I hear the words fraud, lack of transparency, so yes there is great responsibility here.”

When the interviewer followed up by asking whether legal action were a possibility, he responded “I wouldn’t rule out that this may be a recourse,” according to extracts of the interview aired on Greek public television.

The Greek parliament is currently looking into deals Greek authorities carried out in 2000 with help from Goldman Sachs that allowed them to mask the extent of Greece’s debts through the use of complex financial instruments.

“Right now there is a parliament investigation in Greece, we are looking into the past how things went in the wrong direction and what kind of practices were negative practices,” Papandreou said.

German Chancellor Angela Merkel has led criticism in Europe against banks’ role in the debt crisis, slamming “treacherous” practices during the Greek drama and urging governments to crack down on speculators hunting profits in the turmoil.

Greece is paying a painful price for its past overspending with the government forced to slash civil servants’ and pensioners’ pay while raising taxes as a condition for a 110 billion euro EU-IMF bailout.

However, a poll published Sunday in the Ethnos newspaper found that 58.8 percent of the 1,028 people surveyed expected the country to steer clear of bankruptcy while 36.6 percent considered default inevitable.

While 56.2 percent of those polled by the Marc SA institute considered the austerity measures to be “necessary”, 87.8 percent judged them to be “unfair”.

Source: SGGP

Thai govt tries legal moves to oust Reds from tourist hub

In Uncategorized on April 4, 2010 at 9:28 am

BANGKOK, April 4, 2010 (AFP) – Thailand’s government on Sunday said it would seek a court order to force anti-government protesters, loyal to ex-premier Thaksin Shinawatra, to end their crippling rally in Bangkok’s tourist hub.

The “Red Shirts”, who are demanding immediate elections to pave the way for the return of fugitive Thaksin, escalated their three-week rally a day earlier, massing in the capital’s main shopping and luxury hotel district.

Red Shirts supporters shout slogans during anti-government protests at a tourist hub in Bangkok on April 4, 2010. AFP photo

With businesses and tourism threatened, the government has banned the gathering under a strict security law invoked to cover the protests, and threatened protesters with a year in jail.

Deputy prime minister Suthep Thaugsuban, in charge of security, said the government would seek a court order to increase pressure on the Reds to leave after the weekend.

“Legal experts are drafting a request to submit to court tomorrow. When we have a court order the government will see what we can do,” said Suthep.

“We will avoid force which risks clashes. But we may have to send authorities to the site.”

Police said about 30,000 Reds, most of whom come from Thailand’s poorer rural northern provinces, have ignored the government’s warning to remain on Sunday.

“I am not afraid of being arrested and put in jail. I am sure I will have many people there with me,” said one defiant protester, Kampa Ngaokor, a 55-year-old farmer from the northeastern province of Chaiyaphum.

In a televised address, premier Abhisit Vejjajiva urged the Red Shirts to return to a protest site in the capital’s government quarter.

“(We) know that some people want the government to use tough measures but we are all Thai. The government will use international standards starting with soft measures,” Abhisit said.

Authorities are seeking to avoid a repeat of last April’s clashes with Red Shirts that left two people dead, six months after riot police took on the Reds’ rival Yellow Shirts in other bloody scenes outside parliament.

Thai society is split between Thaksin’s Reds, who accuse Abhisit’s government of being elitist and army-backed, and the Yellow Shirts, supporters of the country’s establishment who accuse Thaksin of gross corruption.

The Reds continued their demonstrations under sun umbrellas amid sweltering temperatures on Sunday, forcing many shopping malls to close for a second day and seizing up traffic in the district.

“We use our rights (to stay) under the constitution because this is a peaceful protest,” Red Shirt leader Nattawut Saikuar told reporters.

Police said some 60,000 protesters had filled the upmarket shopping area on Saturday, but tourists appeared largely unfazed, with some enjoying the rally’s carnival-like atmosphere with dancing and live music in the streets.

The military has mounted a heavy security response involving 50,000 personnel for the protests.

The Reds oppose the coup that toppled Thaksin in 2006 and say Abhisit’s government is undemocratic because it took office through a parliamentary vote after a court stripped Thaksin’s allies of power.

Thaksin, a billionaire former telecoms tycoon who lives abroad to avoid a jail term for graft at home, has regularly addressed the protesters via videolink, urging them not to back down.

The Reds have staged a series of dramatic stunts to press their demands, including throwing their own blood at Abhisit’s offices.

They rioted in Bangkok in April last year, leaving two dead and scores injured.

The Yellow Shirts’ protests precipitated the 2006 coup that deposed Thaksin, while their 2008 campaign led to a crippling nine-day blockade of the country’s airports.

Source: SGGP

legal group advocates for children’s rights

In Uncategorized on March 24, 2010 at 5:24 am

For children and needy families embattled in legal issues in Ho Chi Minh City, the District 11 Lawyer Association offers free services.

Lawyer Nguyen Hong Phuong (R) from the District 11 Lawyer Association, speaks with a client in HCMC. The organization specializes in offering free legal services to needy children and their families. (Photo:SGGP)

The main aim of the organization is to protect children’s legal rights, although the group also provides free counseling services for children and their parents.

Lawyer Nguyen Hong Phuong, a member of the group, said the association works closely with both children and their families to help them better understand their rights in regards to legal issues.

Last year for instance, Tran Thi T came to the association asking for help in regaining custody of her son.

Two years ago, the young mother got married and had a child. When her son turned one, T’s husband left her to raise the infant and take care of her elderly mother. With no one to turn to for financial support, T began working as a prostitute to support her family.

She was caught by authorities, however, and T’s son was taken away from her and sent to an orphanage. The woman was then sent to the Phu Nghia Social Labor Education center, an institution that provides vocational training for women in need.

After leaving the center, T hoped to regain custody of her son, but by then she had lost all documentation, including her child’s birth certificate, proving that she was his mother.

With a team of legal experts, the group helped T take back her son and the two now enjoy a better life together.

In another case, the association helped a young mother reclaim her nine-month-old from her estranged husband’s family.

Nguyen Thu H, 17, had a baby when she was just 16. At the time, her 26-year-old husband had no job and was dependant on his parents for support.

She thus decided to move back in with her parents who would help her raise the baby while she looked for a job. But a few months later, her husband’s parents unexpectedly took the child from H and refused to give it back.

After asking the group for help, H was able to regain custody of her baby.

Such cases are just a few among many who have received free legal help from the organization, and who would otherwise be powerless to improve their situations.

Effective efforts

The District 11 Lawyer Association decided to establish the specialized division to help needy children and their families in 2000, after recognizing a need for such services.

Tran Thi Phung, chairwoman of the association, said many children had problems or committed crimes because they did not understand the law or came from dysfunctional families.

The group was formed to deal specifically with such cases and provide much-needed legal services for minors and their families.

In addition, the association coordinates with local authorities and schools to organize special activities and raise public awareness about legal issues related to children and the community at large.

The activities also help empower minors by teaching them about their legal rights and how to protect themselves.

Source: SGGP Bookmark & Share

Japan funds legal project for Cambodia KRouge court

In World on December 26, 2009 at 12:27 pm

Japan announced Saturday it would donate two million dollars for a centre to keep the legal records of Cambodia’s UN-backed Khmer Rouge court.

A gravestone at a collective tomb of Khmer Rough regime’s  victims in Toul Sleng prison

The documentation centre will store the public records of the tribunal, which a month ago heard final arguments in its first war crimes trial — that of former Khmer Rouge prison chief Kaing Guek Eav, better known as Duch.

“The legal documentation centre will keep the outcome of the tribunal for the Cambodian society… and will serve as a token of remembrance and non-recurrence of the Khmer Rouge regime,” the embassy statement said.

The funds would also support the building of another legal centre where Cambodian lawyers can “conduct legal activities on behalf of the socially vulnerable,” it said.

Japan is the Khmer Rouge court’s biggest donor.

Led by Pol Pot, who died in 1998, the Khmer Rouge emptied Cambodia’s cities in a bid to forge a communist utopia, killing people through starvation, overwork, torture and execution.

Up to two million people died as a result of the brutal 1975-1979 regime.

Source: SGGP Bookmark & Share

Legal minefield awaits 9/11 trial in New York

In World on November 14, 2009 at 10:32 am

Trying the five men accused of the September 11 attacks poses a unique challenge to US prosecutors forced to sift through torture-tainted evidence to present before a jury of New Yorkers still scarred by the strikes.

US Attorney General Eric Holder holds a press conference at the Justice Department in Washington, DC. (AFP Photo)

Friday’s announcement also sent President Barack Obama’s Republican foes but also some of his Democratic allies howling and was blasted by families of the nearly 3,000 victims of the strikes.

Attorney General Eric Holder vowed the co-conspirators would stand trial “before an impartial jury” and expressed confidence that “we’re going to be successful in the prosecution efforts.”

But some lawyers expressed doubts after the Obama administration announced that the five men, including mastermind Khalid Sheikh Mohammed, would be tried in a US federal court in New York.

The trial will open just steps from Ground Zero, once the home to the World Trade Center destroyed in the attacks.

“It is inconceivable that we would bring these alleged terrorists back to New York for trial, to the scene of the carnage they created eight years ago, and give them a platform to mock the suffering of their victims… and rally their followers to continue waging jihad against America,” said Senator Joe Lieberman, an independent who usually votes with the Democrats.

Suzanne Lachelier, a military attorney for the men, said she was “very worried that it will not be possible to find jurors who have no opinion and who have not suffered from the attacks.”

Beyond finding an objective jury in a city still traumatized by the attacks, a myriad of other problems face prosecutors, including the reliability of the evidence at hand.

During his years in US custody, Sheikh Mohammed was subjected to harsh interrogation techniques, and was waterboarded 183 times.

“Torture can be a means to dismiss the case,” warned Adam Thurschwell, a death penalty expert who is part of the defense team.

Holder said he expected to push for the death penalty against the five currently held at Guantanamo, where they have already been charged with murder under the military commissions system.

Mohammed and his co-defendants spent years in secret CIA prisons where they were subjected to other interrogation methods, such as sleep deprivation, being forced to stand for long hours in uncomfortable positions or played loud music incessantly.

Given the sensitivity of the case, few experts believe the assigned New York judge would throw it out. But because the post is a life appointment, the judge is independent and free to act as he or she thinks best under the law.

Now that the Obama administration has decided to move the case onto American soil, prosecutors will have to begin the painstaking task of building a case to put before a jury.

“If the prosecution wants to use evidence of later statements, they would have hearings on its admissibility that might require the torture statements to be disclosed,” said Thurschwell.

“Torture plays a mitigating role because all of the details of what happened to the defendant are relevant in the sentencing phase.”

The defense could argue that any declarations by their clients made after they were mistreated are tainted evidence because they were obtained under coercion.

Questions will also be raised over what they said to FBI interrogators when they arrived at Guantanamo in 2006, years after their capture, and read their rights.

The spotlight will also be on their declarations to the military tribunals at the US naval base in Guantanamo Bay, Cuba, especially in the case of Ramzi Binalshibh, who his lawyer says suffers from severe mental problems.

Such difficulties mean it could be years before the trial opens.

“We can’t gloss over the question of torture and enhanced interrogation… but on the other hand we can’t be afraid of our own laws,” said former military prosecutor John Hutson.

“These are going to be hard cases and hard fought.”

If the men are convicted, all attenuating circumstances will come into play as concerns sentencing.

But some of the five men have expressed a clear wish to die as martyrs.

Should they win the right to represent themselves in court, they may refuse to present any evidence that could act in their favor in a bid to be sentenced to death.

Source: SGGP Bookmark & Share

Minh Ly sect receives legal status

In Uncategorized on October 20, 2008 at 11:28 am

HCM CITY — The Minh Ly Dao – Tam Tong Mieu (Minh Ly sect under the Three-Religion Temple) has received official permission to practise their religious rites.

Head of the Governmental Commission for Religious Affairs, Nguyen The Doanh, presented the legal status certificate at his office headquarters in HCM City yesterday.

The religion’s chief prelate said at the ceremony that the entire Minh Ly religion, from clerics to followers, were very grateful to the Government and relevant agencies for recognising their belief.

He also pledged to enhance religious practice in accordance with the sect’s principles and national law.
The Minh Ly sect had made considerable contributions to humanitarian and charitable movements and promoted a spirit of leniency, happiness and development, Doanh said.

He called on clerics and followers of the Minh Ly Dao religion to help in the cause of national development.

Founded 85 years ago, Minh Ly Dao-Tam Tong Mieu now boasts some 1,000 followers. It has one temple in HCM City, and one each in the southern provinces of Ba Ria-Vung Tau and Long An.
The religion combines the faiths of three major Oriental religions dedicated to Budda, Fairies and Saints. — VNA/

Minh Ly sect receives legal status

In Uncategorized on October 18, 2008 at 12:24 pm

HCM City (VNA)- The Minh Ly Dao-Tam Tong Mieu (Minh Ly Sect Headquartered in the Three-Religion Temple ) has been officially recognised by the Government for religious operations in Vietnam.

The legal status certificate was handed over to the 85-year-old religion by the Head of the Governmental Commission for Religious Affairs, Nguyen The Doanh, at its Headquarters in Ho Chi Minh City on October 17.

The religion’s Chief Prelate said at the certificate-awarding ceremony that the entire Minh Ly religion, from clerics to followers, bore profound gratitude to the Government and relevant agencies for recognizing their belief.

He also pledged to boost religious practice in accordance of the sect’s principles and national law as well.

The Minh Ly sect has made considerable contributions to humanitarian and charitable movements and promoting the sprit of leniency in the interest of a society of leniency, happiness and development, Doanh said.

He called on clerics and followers of the Minh Ly Dao religion to harmonise spiritual with temporal and become an integral part of the great national unity for the common cause of national development.

Minh Ly Dao-Tam Tong Mieu now boasts some 1,000 followers and three temples in Ho Chi Minh City , the southern provinces of Ba Ria-Vung Tau and Long An.

The religion combines the faiths of three major Oriental religions dedicated to Budda, Fairies and Saints.–

President calls out for better legal organisation

In Uncategorized on September 23, 2008 at 4:00 pm

Hanoi (VNA) – President Nguyen Minh Triet on Sept 22 asked the Supreme People’s Court and the Supreme People’s Procuracy to improve their organisation, operation and duty in line with the country’s judicial reform.

Speaking at the 18th meeting on judicial renovation held on Sept 22 in Hanoi, Triet said that the judicial sector needed to be more pro-active in dealing with obstacles arising during the renewal process.

He said the process was slower than expected because of a lack of skilled staff and suggested harnessing more intellectual contributions to complete the work.

The State President applauded an initiative by the Ministry of Justice and the Provincial Bar Associations to establish a lawyers confederation.-